In a decisive ruling, the Bombay High Court has rejected the Maharashtra government’s claim over 193 acres in Thane’s Manpada, declaring the 1975 acquisition invalid due to procedural lapses, and directed the Thane Municipal Corporation (TMC) to provide Development Rights (TDR) compensation to the landowner within 21 days.
The bench of Justices Ravindra Ghuge and Ashwin Bhobe upheld the rights of M/s D. Dahyabhai and Co. Pvt. Ltd., dismissing the State’s petition challenging earlier orders by the Maharashtra Revenue Tribunal (MRT) and the Sub-Divisional Officer. The petition had sought to classify the Chitalsar-Manpada land as private forest under the Maharashtra Private Forests (Acquisition) Act, 1975.
The dispute dates back to 1975 when the government attempted to acquire over 217 acres for forest purposes, claiming the notice issued under the Indian Forest Act vested the land with the Forest Department and formed part of Sanjay Gandhi National Park (SGNP).
“The non-service of the notice on the original landowner is apparent and fatal… The contention of the State that the owner’s subsequent reaction indicated service is a contention in desperation, a result of surmises and conjectures,” the court observed in its detailed 373-page judgment. The judges noted the acquisition notice was issued by a “Jungle Rakshak” (Forest Guard) without legal authority and addressed incorrectly to “D. Dayabhai,” rather than the private limited company, making it “void ab initio.”
Rejecting the State’s claim that the owner’s later correspondence implied knowledge, the court stated this was “an attempt to take advantage” based on assumptions.
The court also highlighted constitutional protections, noting that TMC’s refusal to compensate while using the land violated Article 300A. While environmental concerns remain, the bench underscored that ministerial actions, such as revenue entries, “cannot perfect an acquisition that lacks the statutory predicates. They neither create title in the State nor divest title from the private owner.”
TMC has already utilised over 100 acres for “Park Reservation No. 4,” with the court balancing landowner rights and greenery conservation in its ruling.
Source: The Free Press Journal
